Text: H03641 Text: H03643 Text: H03600 - H03699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 446, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 23, by inserting after line 3 the 1 4 following: 1 5 "Sec. . Section 462A.14, Code 1995, is amended 1 6 by striking the section and inserting in lieu thereof 1 7 the following: 1 8 462A.14 DEFINITIONS &endash; OPERATING WHILE 1 9 INTOXICATED. 1 10 1. As used in this section and sections 462A.14A 1 11 and 462A.14B: 1 12 2. "Alcohol concentration" means the number of 1 13 grams of alcohol per any of the following: 1 14 a. One hundred milliliters of blood. 1 15 b. Two hundred ten liters of breath. 1 16 c. Sixty-seven milliliters of urine. 1 17 3. "Alcoholic beverage" includes alcohol, wine, 1 18 spirits, beer, or any other beverage which contains 1 19 ethyl alcohol and is fit for human consumption. 1 20 a. "Chemical test" means an analysis of a person's 1 21 blood, breath, urine, or other bodily substance for 1 22 the determination of the presence of alcohol, a 1 23 controlled substance, or a drug. 1 24 b. "Controlled substance" means controlled 1 25 substance as defined in section 124.101. 1 26 c. "Motorboat" means a watercraft, as defined in 1 27 section 462A.2, that is propelled by an engine. 1 28 d. "Peace officer" means peace officer as defined 1 29 in section 801.4. 1 30 e. "Prima facie evidence of intoxication" includes 1 31 evidence that, at the time of an alleged violation, a 1 32 person had an alcohol concentration equal to or in 1 33 excess of the level specified in section 321J.2, 1 34 subsection 1, paragraph "b". 1 35 f. "Relevant evidence of intoxication" includes 1 36 evidence that, at the time of the alleged violation, a 1 37 person had an alcohol concentration of at least one- 1 38 half, but not more than, the level specified in 1 39 section 321J.2, subsection 1, paragraph "b". 1 40 g. "Sailboat" means a watercraft, as defined in 1 41 462A.2, that is propelled by wind through use of one 1 42 or more sails. 1 43 Sec. . NEW SECTION. 462A.14A OPERATING A 1 44 MOTORBOAT OR SAILBOAT WHILE INTOXICATED. 1 45 1. A person commits the offense of operating a 1 46 motorboat or sailboat while intoxicated if the person 1 47 operates a motorboat or sailboat in either of the 1 48 following conditions: 1 49 a. While under the influence of an alcoholic 1 50 beverage or other drug or a combination of such 2 1 substances. 2 2 b. While having an alcohol concentration as 2 3 defined in section 462A.14 of .10 or more. 2 4 2. A person who violates this section commits: 2 5 a. A serious misdemeanor for the first offense and 2 6 shall be imprisoned in the county jail for not less 2 7 than forty-eight hours to be served as ordered by the 2 8 court, less credit for any time the person was 2 9 confined in a jail or detention facility following 2 10 arrest, and assessed a fine of not less than five 2 11 hundred dollars. As an alternative to a portion or 2 12 all of the fine, the court may order the person to 2 13 perform not more than two hundred hours of unpaid 2 14 community service. 2 15 b. A person who violates this section and who has 2 16 previously been convicted of a violation of this 2 17 section within the previous six years commits an 2 18 aggravated misdemeanor and shall be imprisoned in the 2 19 county jail or a community-based correctional facility 2 20 for not less than seven days, which sentence shall not 2 21 be suspended notwithstanding section 901.5, subsection 2 22 3, and section 907.3, subsection 3, and assessed a 2 23 fine of not less than seven hundred fifty dollars. 2 24 c. A person who violates this section commits a 2 25 class "D" felony and shall be imprisoned in the county 2 26 jail for a determinate sentence of not more than one 2 27 year but not less than thirty days, which shall not be 2 28 suspended, notwithstanding section 901.5, subsection 2 29 3, and section 907.3, subsection 3, or committed to 2 30 the custody of the director of the department of 2 31 corrections, and assessed a fine of not less than 2 32 seven hundred fifty dollars in either of the following 2 33 cases: 2 34 (1) If the person has twice been previously 2 35 convicted of a violation of this section within the 2 36 previous six years. 2 37 (2) If the offense results in serious bodily 2 38 injury to another person and the court determines that 2 39 the person who committed the offense caused the 2 40 serious bodily injury. 2 41 d. A person who violates this section commits a 2 42 class "C" felony if the crime results in the death of 2 43 another person and the court determines that the 2 44 person who committed the offense caused the death. 2 45 e. A person who operates a motorboat or sailboat 2 46 after the person has been ordered, pursuant to this 2 47 section, not to operate a motorboat or sailboat 2 48 commits a simple misdemeanor. 2 49 3. a. Except for a penalty imposed under 2 50 subsection 2, paragraph "e", in addition to a criminal 3 1 penalty imposed for a misdemeanor under this section, 3 2 the court shall order the person not to operate a 3 3 motorboat or sailboat for a period of time not to 3 4 exceed one year. 3 5 b. In addition to a criminal penalty imposed for a 3 6 felony under this section, the court shall order the 3 7 person not to operate a motorboat or sailboat for a 3 8 period of time not to exceed two years. 3 9 4. a. A person who operates a motorboat or 3 10 sailboat in waters over which this state has 3 11 jurisdiction impliedly consents to submit to the 3 12 chemical test provisions of this section as a 3 13 condition of operating a motorboat or sailboat in this 3 14 state. If a person refuses to submit to a chemical 3 15 test under this section, the court shall order the 3 16 person not to operate a motorboat or sailboat for a 3 17 period of time not to exceed one year. 3 18 b. A peace officer who has probable cause to 3 19 believe that a person has committed an offense under 3 20 this section shall offer the person the opportunity to 3 21 submit to a chemical test. However, it is not 3 22 necessary for the peace officer to offer a chemical 3 23 test to an unconscious person. A peace officer may 3 24 offer a person more than one chemical test under this 3 25 section. However, all tests must be administered 3 26 within two hours after the officer had probable cause 3 27 to believe the person violated this section. A person 3 28 must submit to each chemical test offered by a peace 3 29 officer in order to comply with the implied consent 3 30 provisions of this section. 3 31 c. If the chemical test results in relevant 3 32 evidence that the person is intoxicated, the person 3 33 may be arrested for an offense under this section. If 3 34 the chemical test results in prima facie evidence that 3 35 the person is intoxicated, the person shall be 3 36 arrested for an offense under this section. 3 37 d. A person who refuses to submit to a chemical 3 38 test may be arrested for an offense under this 3 39 section. 3 40 e. At any proceeding under this section, a 3 41 person's refusal to submit to a chemical test is 3 42 admissible into evidence. 3 43 f. If a person refuses to submit to a chemical 3 44 test under this section, the peace officer shall 3 45 inform the person that the person's refusal will 3 46 result in the suspension of the person's motorboat or 3 47 sailboat operation privileges. 3 48 5. At any proceeding concerning an offense under 3 49 this section, evidence of the amount by weight of 3 50 alcohol that was in the blood of the person charged 4 1 with the offense at the time of the alleged violation, 4 2 as shown by an analysis of the person's blood, breath, 4 3 urine, or other bodily substance, is admissible. 4 4 Sec. . NEW SECTION. 462A.14B PRELIMINARY 4 5 SCREENING TEST. 4 6 When a peace officer has reasonable grounds to 4 7 believe that a motorboat or sailboat operator may be 4 8 violating or has violated section 462A.14A, or the 4 9 operator has been involved in a motorboat or sailboat 4 10 collision resulting in injury or death, the peace 4 11 officer may request the operator to provide a sample 4 12 of the operator's breath for a preliminary screening 4 13 test using a device approved by the commission of 4 14 public safety for that purpose. The results of this 4 15 preliminary screening test may be used for the purpose 4 16 of deciding whether an arrest should be made and 4 17 whether to request a chemical test authorized in 4 18 section 462A.14A, but shall not be used in any court 4 19 action except to prove that a chemical test was 4 20 properly requested of a person pursuant to this 4 21 section and section 462A.14A. 4 22 Sec. . NEW SECTION. 462A.14C ARREST AND 4 23 CONVICTION STATISTICS. 4 24 The department shall collect and maintain 4 25 statistics on the number of arrests and convictions 4 26 for violations of section 462A.14A that occur each 4 27 year. 4 28 Sec. . Section 462A.23, subsection 2, paragraph 4 29 b, Code 1995, is amended by striking the paragraph and 4 30 inserting in lieu thereof the following: 4 31 b. Operating a motorboat or sailboat while 4 32 intoxicated, or manipulating waterskis, surfboard, or 4 33 similar device while in an intoxicated condition or 4 34 under the influence of a narcotic drug." 4 35 #2. Page 23, by inserting after line 11 the 4 36 following: 4 37 "Sec. . Section 912.1, subsection 2, Code 1995, 4 38 is amended to read as follows: 4 39 2. "Crime" means conduct that occurs or is 4 40 attempted in this state, poses a substantial threat of 4 41 personal injury or death, and is punishable as a 4 42 felony or misdemeanor, or would be so punishable but 4 43 for the fact that the person engaging in the conduct 4 44 lacked the capacity to commit the crime under the laws 4 45 of this state. "Crime" does not include conduct 4 46 arising out of the ownership, maintenance, or use of a 4 47 motor vehicle, motorcycle, motorized bicycle, train, 4 48 boat, or aircraft except for violations of section 4 49 321.261, 321.277, 321J.2,462A.14462A.14A, or 707.6A, 4 50 or when the intention is to cause personal injury or 5 1 death. A license revocation under section 321J.9 or 5 2 321J.12 shall be considered by the department as 5 3 evidence of a violation of section 321J.2 for the 5 4 purposes of this chapter." 5 5 #3. Title page, line 2, by inserting after the 5 6 word "motor vehicle" the following: ", a motorboat, 5 7 or sailboat,". 5 8 #4. Title page, line 6, by inserting after the 5 9 word "revocation" the following: "of motor vehicle 5 10 licenses". 5 11 #5. By numbering and renumbering as necessary. 5 12 5 13 5 14 5 15 GARMAN of Story 5 16 SF 446.203 76 5 17 lh/jj
Text: H03641 Text: H03643 Text: H03600 - H03699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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